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Virginia accident law

Virginia car accident settlement calculator

Virginia is an at-fault state that uses contributory negligence. You generally have 2 years to file an injury lawsuit. The calculator below applies these rules to your numbers.

Checked against official sources November 5, 20264 cited sourcesHow we calculate

Injury lawsuit deadline2 yearsVa. Code 8.01-243(A), (B); 8.01-244(B); 15.2-209(A); 8.01-195.6(A)
Fault ruleContributoryCommon law; Ponirakis v. Choi, 262 Va. 119, 124-25 (2001), as cited in Hazelwood v. Lawyer Garage, LLC, Record No. 1374-23-1 (Va. Ct. App. Aug. 6, 2024) (published)
Insurance systemAt-faultNo PIP requirement
Minimum liability50/100/25thousands of dollars

Virginia settlement estimate

How serious is the injury?
Moderate: months of treatment, full recovery. Typical multiplier 2 to 3.
Applied to your medical bills. Set by the injury above, adjust if you like.
Leave at 0 if unknown.
Lawyer fee, costs and liens
Estimated amount to you
$46,500

Likely range depends on the injury

Economic damages
$16,500
Pain and suffering
$30,000
Injury claim value
$46,500
After your share of fault
$46,500
Attorney fee and costs
$0
Liens repaid
$0

Virginia: Contributory negligence, at-fault (tort) state.

An estimate, not legal advice. Deadlines can be shorter in some situations, for example for claims against a city or state agency. Talk to a Virginia attorney about your case.

Virginia filing deadlines

ClaimDeadline
Personal injury lawsuit2 years
Vehicle and property damage5 years
Wrongful death2 years
Notice of a claim against a governmentWritten notice of claim within 6 months for claims against a county, city or town (Va. Code 15.2-209); within 1 year for claims against the Commonwealth or a transportation district (Va. Code 8.01-195.6)
Va. Code 8.01-243(A), (B); 8.01-244(B); 15.2-209(A); 8.01-195.6(A). Counted from the accident date in most cases.

Property: 8.01-243(B) "Every action for injury to property... shall be brought within five years after the cause of action accrues." Wrongful death: 8.01-244(B) "within two years after the death of the injured person",.

If you were partly at fault

Virginia follows contributory negligence. If you were even slightly at fault, you can be barred from recovering anything, subject to narrow exceptions such as last clear chance.

  • With $100,000 in damages and 30% of the fault, you would recover $0.
  • With 55% of the fault, you would recover $0, because the rule bars your claim.

Any plaintiff negligence that proximately caused the accident bars recovery (subject to last clear chance doctrine).

Source: Common law; Ponirakis v. Choi, 262 Va. 119, 124-25 (2001), as cited in Hazelwood v. Lawyer Garage, LLC, Record No. 1374-23-1 (Va. Ct. App. Aug. 6, 2024) (published). Compare all states in the comparative negligence table.

At-fault (tort) state

In Virginia the driver who caused the crash is responsible for the damage, so you claim against their liability insurance or sue them. Your own medical payments or health coverage can pay bills while the claim is pending.

Virginia is a traditional tort state (and a contributory negligence state). No PIP mandate; medical payments coverage is optional. law.lis.virginia.gov refused direct connections.

Minimum car insurance in Virginia

$50,000 per person and $100,000 per accident for injuries, $25,000 for property damage, effective January 1, 2025. Uninsured motorist coverage is required.

Many drivers carry only the minimum, so the bodily injury limit is often the most the at-fault driver's insurer will pay one person. And $25,000 property damage, for policies effective on or after Jan 1, 2025 (was 30/60/20 from Jan 1, 2022 to Dec 31, 2024). UM/UIM must be included "within limits not less than the requirements of 46.2-472"; the insured may reject only the additional UM above the minimum (38.2-2206.

Damage caps

Virginia does not cap pain and suffering in ordinary car accident cases. Punitive damages: Total punitive damages against all defendants may not exceed $350,000 (Va. Code 8.01-38.1)

No general cap on noneconomic damages for car accident claims.

Dog bite law

One-bite rule (no strict liability statute).

Source: . Estimate a claim with the dog bite calculator.

Frequently asked questions

How long do I have to file a car accident claim in Virginia?

2 years from the accident for an injury lawsuit and 5 years for vehicle damage (Va. Code 8.01-243(A), (B); 8.01-244(B); 15.2-209(A); 8.01-195.6(A)). Insurance claims should be reported much sooner, and claims against a government agency can have shorter notice deadlines.

Is Virginia a no-fault state?

No. Virginia is an at-fault state: the driver who caused the crash, through their liability insurance, pays for the other people's injuries and damage.

What happens if I was partly at fault in Virginia?

Virginia follows contributory negligence (Common law; Ponirakis v. Choi, 262 Va. 119, 124-25 (2001), as cited in Hazelwood v. Lawyer Garage, LLC, Record No. 1374-23-1 (Va. Ct. App. Aug. 6, 2024) (published)). If you were even slightly at fault, you can be barred from recovering anything, subject to narrow exceptions such as last clear chance.

What is the minimum car insurance in Virginia?

$50,000 per person and $100,000 per accident for injuries, $25,000 for property damage (50/100/25), effective January 1, 2025. Uninsured motorist coverage is also required.

Does Virginia cap pain and suffering damages?

Not in ordinary car accident cases. No general cap on noneconomic damages for car accident claims.

Sources

Checked against official Virginia sources November 5, 2026.

  1. Virginia statute of limitations: Va. Code 8.01-243(A), (B); 8.01-244(B); 15.2-209(A); 8.01-195.6(A)
  2. Virginia comparative fault: Common law; Ponirakis v. Choi, 262 Va. 119, 124-25 (2001), as cited in Hazelwood v. Lawyer Garage, LLC, Record No. 1374-23-1 (Va. Ct. App. Aug. 6, 2024) (published)
  3. Virginia insurance system: Va. Code 46.2-472 (coverage of owner's policy)
  4. Virginia damage caps: Va. Code 8.01-38.1